Allowing trolling statewide would:
1) simplify regulations by eliminating confusion about where trolling is or is not allowed;
2) allow moving boats to trail behind suckers or other minnows while occupants are casting on all waters;
3) eliminate the need for disabled anglers to have to apply for trolling permits; and
4) provide additional fishing opportunities for anglers who may have difficulty fishing by other methods.
Current map of trolling regulations:
A 2013 rule (FH-18-12) proposed by the Department originally included a trolling proposal that would have allowed trolling on all inland waters statewide with up to three hooks, baits, or lures per angler. After public hearings in each county and discussions with Wisconsin Conservation Congress delegates, the rule was modified to allow trolling on all inland waters statewide with one hook, bait, or lure per angler. In addition, trolling would have been allowed with up to three hooks, baits, or lures in most counties of the State and some individual waters. However, after submitting the rule to the Governor's Office of Regulatory Compliance, it requested that the department remove all trolling elements from the rule and obtain additional public input on a trolling proposal.
Proposal removed from previous rule:
This rule process will present the combined one- and three-hooks, baits, or lures per angler trolling option, as well as discuss alternative options that would help further simplify the trolling regulations.
4. Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
Section
29.014(1), Stats., directs the department to establish and maintain conditions governing the taking of fish that will conserve the fish supply and ensure the citizens of this state continued opportunities for good fishing.
Section
29.041, Stats., provides that the department may regulate fishing on and in all interstate boundary waters and outlying waters.
5. Estimate of Amount of Time that State Employees Will Spend Developing the Rule and of Other Resources Necessary to Develop the Rule
Approximately 250 hours
6. List with Description of all Entities that may be Affected by the Proposed Rule
The proposed rule will primarily affect sport anglers. As with any change in regulations, there will be a requirement for anglers to learn the new rules. The Fisheries Management Bureau works to notify the public of new regulations via press releases, the internet, and fishing regulations pamphlets.
7. Summary and Preliminary Comparison with any Existing or Proposed Federal Regulation That is Intended to Address the Activities to be Regulated by the Proposed Rule
Authority to promulgate fishing regulations is granted to states. No changes would violate or conflict with federal regulations.
8. Anticipated Economic Impact of Implementing the Rule (Note if The Rule is Likely to Have a Significant Economic Impact on Small Businesses)
Minimal to no economic impact. (Level 3)
It is not expected that there will be any economic impact directly related to these rule changes. The proposed rule will primarily affect sport anglers. Regulations are already in place and this rule is intended to continue protection and enhancement of the State's fish resources.
The Department will conduct an economic impact analysis to determine if any individuals, businesses, local governments, or other entities expect to be adversely affected economically. The proposed rule would not impose any compliance or reporting requirements on small businesses nor are any design or operational standards contained in the rule.
9. Anticipated Number, Month and Locations of Public Hearings
The Department anticipates utilizing the Fish and Wildlife Spring Hearings held in each county of the State in April 2014 to officially gather public input on the rule.
Contact Person
Kate Strom Hiorns, 608-266-0828.
Safety and Professional Services —
Medical Examining Board
This statement of scope was approved by the Governor on November 15, 2013.
Rule No.
Relating to
Continuing education audits.
Rule Type
Permanent.
1. Finding/Nature of Emergency (Emergency Rule Only)
N/A
2. Detailed Description of the Objective of the Proposed Rule
The objective of this proposed rule is to empower the Medical Examining Board (Board) with the ability to conduct continuing education audits of its licensees every two years.
3. Description of the Existing Policies Relevant to the Rule, New Policies Proposed to be Included in the Rule, and an Analysis of Policy Alternatives
Currently, the Medical Examining Board may conduct an audit of continuing education at any time. However, there is no requirement as to when an audit must take place. The proposed rule would insure that an audit of continuing education credits would be conducted every two years. The audit would verify whether licensees had completed the 30 hours of required continuing education during the 2 calendar years preceding the calendar year for which application for registration was made. The proposed rule may include other amendments as necessary based on changes to s.
Med 13.06.
4. Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
Section
227.11 (2), Stats., discusses the parameters of an agency's rule-making authority stating an agency, “may promulgate rules interpreting the provisions of any statute enforced or administered by it, if the agency considers it necessary to effectuate the purpose of the statute, but a rule is not valid if it exceeds the bounds of correct interpretation." Section
227.01 (1), Stats., defines agency as a board. The Medical Examining Board falls within this definition. Therefore, the Board may promulgate administrative rules which interpret the statutes it enforces or administers as long as the proposed rule does not exceed proper interpretation of the statute.
Section
448.13 (1m), Stats provides that, “[t]he board shall, on a random basis, verify the accuracy of proof submitted by physicians under sub. (1) (a) and may, at any time during the 2 calendar years specified in sub. (1) (a), require a physician to submit proof of any continuing education, professional development, and maintenance of certification or performance improvement or continuing medical education programs or course of study that he or she has attended and completed at that time during the 2 calendar years." This statute dictates that the accuracy of evidence of continuing education must be verified. Therefore, the Board is authorized to promulgate rules that will carry out the purpose of this statute.
5. Estimate of Amount of Time that State Employees Will Spend Developing the Rule and of Other Resources Necessary to Develop the Rule
State employees will spend approximately 50 hours developing the proposed rule.
6. List with Description of all Entities that may be Affected by the Proposed Rule
Wisconsin licensed physicians will be affected by this proposed rule.
7. Summary and Preliminary Comparison with any Existing or Proposed Federal Regulation that is Intended to Address the Activities to be Regulated by the Proposed Rule
There are no comparable existing or proposed federal regulations dealing with this issue.
8. Anticipated Economic Impact of Implementing the Rule (Note if the Rule is Likely to Have a Significant Economic Impact on Small Businesses)
This rule is not likely to have a significant economic impact on small businesses.
Contact Person
Shawn Leatherwood 608-261-4438.
Safety and Professional Services —
Podiatry Affiliated Credentialing Board
This statement of scope was approved by the Governor on November 15, 2013.
Rule No.
Relating to
Continuing education audits.
Rule Type
Permanent.
1. Finding/Nature of Emergency (Emergency Rule Only)
N/A
2. Detailed description of the Objective of the proposed rule
The objective of this proposed rule is to empower the Podiatry Affiliated Credentialing Board (Board) with the ability to conduct continuing education (CE) audits of its licensees on a biennial basis.
3. Description of the Existing Policies Relevant to the Rule, New Policies Proposed to be Included in the Rule, and an Analysis of Policy Alternatives
Pursuant to s.
Pod 3.04, the Board may require a podiatrist, “to submit evidence to the board of his or her compliance with continuing education requirements during the preceding biennium". However, the administrative rules do not identify when an audit should take place or how long a podiatrist should maintain evidence of compliance. The proposed rule seeks to address these two issues by specifying the time period for continuing education audits and by specifying the time period for maintaining documentary evidence of CE compliance.
Wis. Stats. s.
448.665, states that, “the rules shall require a licensee to complete at least 30 hours of continuing education programs or courses of study within each 2-year period immediately preceding the renewal date specified in s.
440.08 (2) (a)". That renewal date is November 1
st of each even numbered year. The proposed rule would change the language in s.
Pod 3.01 to reflect the statutory language. Lastly, s.
Pod 3.04 would be amended to require licensees to maintain evidence of CE compliance on a biennial basis.
4. Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
Section
227.11 (2), Stats., discusses the parameters of an agency's rule-making authority stating an agency, “may promulgate rules interpreting the provisions of nay statute enforced or administered by it, if the agency considers it necessary to effectuate the purpose of any statute, but a rule is not valid if it exceeds the bounds of correct interpretation." Section
227.01 (1), Stats., defines agency as a board. The Podiatry Affiliated Credentialing Board falls within that definition. Therefore, the Board may promulgate administrative rules which interpret the statutes it enforces or administers as long as the proposed rule does not exceed proper interpretation of the statute.
Section
448.665, Stats., provides that, “[t]he affiliated credentialing board shall promulgate rules establishing requirements and procedures for licensees to complete continuing education programs or courses of study in order to qualify for renewal of a license granted under this subchapter." This provision empowers the Board to promulgate rules setting forth the process of conducting credential renewal after meeting continuing education requirements.
5. Estimate of Amount of Time that State Employees Will Spend Developing the Rule and of Other Resources Necessary to Develop the Rule
State employees will spend approximately 50 hours developing the proposed rule.
6. List with Description of all Entities that may be Affected by the Proposed Rule
Wisconsin licensed podiatrist will be affected by this proposed rule.
7. Summary and Preliminary Comparison with any Existing or Proposed Federal Regulation that is Intended to Address the Activities to be Regulated by the Proposed Rule
There is no comparable existing or proposed federal regulations dealing with this issue.
8. Anticipated Economic Impact of Implementing the Rule (Note if the Rule is Likely to Have a Significant Economic Impact on Small Businesses)
This rule is not likely to have a significant economic impact on small businesses.
Contact Person
Shawn Leatherwood 608-261-4438.
